look at what the obama administration is doing. it is not that different. not that different than many other ways that the bush administration did throughout the two terms, especially at the end. given that there is not consensus, that is one of the reasons that this is not an issue with the campaign, but i think it is also why things are a little bit more contingent in the national security act. >> thank you. >> any prediction for retirement at the end of the term? >> it depends on who the next president ends. obviously we have several justices who are getting older, but i think most of them would feel that if they were voluntarily retiring and not forced to do so by health concerns or some other extenuating circumstances, the honorable thing to do is retiring during the term that pointed you in the first place. so you could see justice ginsburg, now that she was accomplished, she was trying to make a record for how long she stayed on the court in 2014. you might see justice scalia or justice kennedy retire under mitt romney. it makes a huge potential shif